2010 D&O Symposium Symposium New York City ~ February 3 & 4, 2010 Financial Crisis: Underwriting Bankruptcy and Insolvent Corporations.

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Presentation transcript:

2010 D&O Symposium Symposium New York City ~ February 3 & 4, 2010 Financial Crisis: Underwriting Bankruptcy and Insolvent Corporations

Financial Crisis: Underwriting Bankruptcy and Insolvent Corporations MODERATOR: Stephen Whelan, Vice President, Commercial & Financial Risks, The Hartford/Hartford Financial Products PANELISTS: Marcia Goldstein, Esq., Business Finance & Restructuring Partner, Weil, Gotshal & Manges Kathryn Walker, 2nd Vice President, Bond & Financial Claims, Travelers Carol Zacharias, Senior Vice President, ACE USA Frederick M. Zauderer, Esq., Senior Vice President, AXIS Insurance

2010 D&O Symposium Key Participants in Bankruptcy Debtor / Debtor in possession Trustee Creditors Committee Directors & Officers Shareholders

2010 D&O Symposium Bankruptcy Process Filing Rights of Debtor Claims & priorities Liquidation vs. Reorganization

2010 D&O Symposium The Insolvency Process for Banks FDIC as regulator, conservator and receiver Rights of Creditors Claims against D&O’s Coverage issues

2010 D&O Symposium Policy Rights in Bankruptcy Is policy an asset of the Estate? How are claims brought? Side A DIC in Bankruptcy

2010 D&O Symposium D&O policy in Bankrupcty Waiver of Stay Order of Payments Entity Coverage Insured vs. Insured Asset of the Estate Indemnification

2010 D&O Symposium Underwriting to Bankruptcy Steps to protect D & O’s in Bankruptcy Application of Retention Should Trustee / Creditors Committee be covered?